2022 주관식 시험 대비 형사소송법 사례형 판례정리

1. 사법경찰관의 수사에 대한 검사의 규제 ································································ 3
2. 친고죄의 고소 전 수사 ······················································································· 7
3. 함정수사 ········································································································· 10
4. 불심검문의 방법과 절차 ···················································································· 13
5. 불심검문과 일반소지품검사 ··············································································· 16
6. 법정대리인의 고소권의 성격 ·············································································· 19
7. 고소의 주관적 불가분의 원칙 ············································································ 21
8. 수사상의 임의동행 ··························································································· 25
9. 피의자신문을 위한 구인 ···················································································· 30
10. 범인식별절차 ································································································· 33
11. 변호인의 피의자신문 참여권 ············································································ 36
12. 긴급체포의 요건과 절차 ·················································································· 39
13. 현행범인의 의미 ···························································································· 45
14. 현행범인체포의 요건 ······················································································ 48
15. 구속영장청구 기각결정에 대한 불복방법 ··························································· 53
16. 사법경찰관의 피의자 구속기간 ········································································· 56
17. 전자정보에 대한 압수·수색 ·············································································· 58
18. 압수·수색의 요건 ··························································································· 64
19. 압수·수색의 대상과 절차 ················································································· 67
20. 압수물환부청구권의 포기 ················································································ 69
21. 강제채혈의 요건과 절차 ·················································································· 72
22. 진료목적으로 채취된 혈액의 압수 ···································································· 78
23. 체포현장에서의 압수·수색 ··············································································· 80
24. 압수·수색과 영장주의의 예외 ··········································································· 85
25. 긴급체포 후의 압수·수색 ················································································· 89
26. 임의제출물의 압수 ························································································· 96
27. 증거제출의 임의성 ························································································ 101
28. 전기통신의 감청 ··························································································· 104
29. 수사상의 증거보전 ························································································ 107
30. 기소유예처분에 대한 피의자의 불복방법 ························································· 110
31. 공소제기 후의 압수·수색 ··············································································· 112
32. 공소제기 후의 피고인신문 ············································································· 116
33. 공소제기 후의 참고인조사 ············································································· 119
34. 차별적 공소제기 ··························································································· 123
35. 누락사건의 추가기소 ····················································································· 126
36. 재정신청 기각결정에 대한 불복 ······································································ 128
37. 공소장의 예비적·택일적 기재 ···········································································132
38. 공소장일본주의 ···························································································· 136
39. 일부기소와 공소장변경 ·················································································· 140
40. 친고죄와 일부기소 ························································································ 144
41. 공소장변경과 공소시효 ·················································································· 146
42. 공범과 공소시효의 정지 ················································································ 149
43. 법관의 제척사유 ··························································································· 154
44. 기피신청의 시기와 효과 ················································································ 157
45. 성명모용의 소송관계 ····················································································· 160
46. 위장출석의 소송관계 ····················································································· 164
47. 변호인의 접견교통권 제한 ············································································· 167
48. 착오에 의한 소송생위의 효력 ········································································· 171
49. 고소의 추완 ································································································· 173
50. 공소사실의 동일성 ························································································ 175
51. 공소장변경의 한계 ························································································ 181
52. 공소장변경의 필요성 ····················································································· 184
53. 포괄일죄와 추가기소 ····················································································· 189
54. 법원의 공소장변경 요구 ················································································ 193
55. 항소심에서의 공소장변경과 고소취소의 시기 ··················································· 197
56. 검사의 증거개시 거부처분의 적법성 ································································ 204
57. 증거결정에 대한 불복방법 ············································································· 207
58. 공동피고인의 증인적격 ·················································································· 211
59. 증인신문과 피고인의 반대신문권 ···································································· 215
60. 국민참여재판 ······························································································· 218
61. 위법수집증거배제법칙과 자백배제법칙의 관계 ·················································· 221
62. 사인이 위법하게 수집한 증거의 증거능력 ························································ 226
63. 독수의 과실이론 ··························································································· 229
64. 약속에 의한 자백 ························································································· 235
65. 자백의 임의성 증명 ······················································································ 239
66. 전문증거의 개념 ··························································································· 243
67. 공판조서의 증거능력 ····················································································· 246
68. 공범에 대한 검사 작성 피의자신문조서의 증거능력 ·········································· 249
69. 공범에 대한 경찰 작성 피의자신문조서의 증거능력 ·········································· 253
70. 수사기관의 검증조서의 증거능력 ···································································· 259
71. 전문진술과 진술서 및 사진의 증거능력 ··························································· 262
72. 사인이 녹음한 테이프의 증거능력 ··································································· 267
73. 증언거부권의 행사와 제314조 ········································································ 273
74. 당연히 증거능력이 있는 서류 ········································································· 277
75. 전문진술의 증거능력 ····················································································· 280
76. 조사자의 증언의 증거능력 ············································································· 283
77. 재전문증거의 증거능력 ·················································································· 286
78. 증거물을 촬영한 사진의 증거능력 ··································································· 290
79. 수사기관이 촬영한 현장사진의 증거능력 ························································· 293
80. 사인이 위법하게 촬영한 현장사진의 증거능력 ·················································· 296
81. 수사기관이 녹음한 테이프의 증거능력 ···························································· 299
82. 수사기관이 촬영한 영상녹화물의 증거능력 ······················································ 302
83. 전자기록의 증거능력 ····················································································· 305
84. 피고인의 불출석과 증거동의의 의제 ································································ 311
85. 탄핵증거 ····································································································· 314
86. 공범자의 자백의 증거능력과 증명력 ································································ 319
87. 보강증거의 자격 ⑴ ······················································································ 323
88. 보강증거의 자격 ⑵ ······················································································ 325
89. 포괄일죄와 보강증거의 범위 ·········································································· 327
90. 포괄일죄의 일부에 대한 기판력의 범위 ··························································· 330
91. 기판력의 객관적 범위 ··················································································· 334
92. 형식재판과 상소의 이익 ················································································ 337
93. 경합범과 일부상소 ························································································ 340
94. 과형상 일죄와 일부상소 ················································································ 344
95. 파기판결의 구속력 ························································································ 348
96. 항소이유서 제출기간의 소송법적 의미 ···························································· 351
97. 재심의 대상 ································································································· 353
98. 허위증언에 의한 재심사유 ············································································· 356
99. 신증거에 의한 재심사유 ················································································ 359
100. 경합범과 재심 ···························································································· 365
101. 비상상고의 이유 ························································································· 369
102. 약식명령과 정식재판 ··················································································· 372